Charon Reports: Cheating or taking professional advice? – Charon QC

Posted March 26th, 2009 in legal education, podcasts by sally

“Today I talked to John Foster, spokesman for Oxbridge Training Contracts about the legality of his service, his view of the ethics and exactly what Oxbridge Training Contracts is actually offering to students who wish to use their services. We also talk about the provision of model answers, tailored to specific questions put by the student client, and the problems that could arise if a student submits these model answers as their own work for coursework assessment.”

Podcast

Charon QC, 24th March 2009

Source: www.charonqc.wordpress.com

“Charon QC” is the blogging pseudonym of Mike Semple Piggot, editor of insitelaw newswire.

Recent Statutory Instruments – OPSI

Posted March 26th, 2009 in legislation by sally

The South London Healthcare National Health Service Trust (Establishment) and the Bromley Hospitals National Health Service Trust, the Queen Elizabeth Hospital National Health Service Trust and the Queen Mary’s Sidcup National Health Service Trust (Dissolution) Order 2009

The Enactment of Extra-Statutory Concessions Order 2009

The Official Statistics Order 2009

Source: www.opsi.gov.uk

Magistrate ‘fell asleep’ during trial – Daily Telegraph

Posted March 26th, 2009 in magistrates, news by sally

“A magistrate, John Harrison, is under investigation after reportedly falling asleep during a teenager’s trial for an alleged assault.”

Full story

Daily Telegraph, 26th March 2009

Source: www.telegraph.co.uk

Gurkhas resume settlement battle – BBC News

Posted March 26th, 2009 in armed forces, Gurkhas, news by sally

“The government may be ‘humiliated’ into complying with a timetable to change its immigration policy on Gurkha veterans, a solicitor has said.”

Full story

BBC News, 26th March 2009

Source: www.bbc.co.uk

BAILII: Recent Decisions

Posted March 26th, 2009 in law reports by sally

Court of Appeal (Criminal Division)

Stewart, R v [2009] EWCA Crim 593 (26 March 2009)

Farrell, R. v [2009] EWCA Crim 511 (13 March 2009)

Court of Appeal (Civil Division)

AF (Jamaica) v Secretary of State for the Home Department [2009] EWCA Civ 240 (26 March 2009)

High Court (Chancery Division)

Thorpe v Revenue and Customs [2009] EWHC 611 (Ch) (26 March 2009)

JML Direct Ltd v Freesat UK Ltd [2009] EWHC 616 (Ch) (26 March 2009)

Source: www.bailii.org

Kirk Reid: Children’s football coach guilty of stalking and sexually assaulting 25 women – Daily Telegraph

Posted March 26th, 2009 in news, sexual offences by sally

“Kirk Reid, a children’s football coach, has been convicted of stalking and sexually assaulting 25 women in London over 12 years.”

Full story

Daily Telegraph, 26th March 2009

Source: www.telegraph.co.uk

Regulation of City law firms ‘not fit for purpose’ – The Times

Posted March 26th, 2009 in law firms, news by sally

“The regulation of big corporate law firms is not ‘fit for purpose’ and urgently needs reform, a report for the Law Society has concluded.”

Full story

The Times, 26th March 2009

Source: www.timesonline.co.uk

UK torture intelligence ‘dilemma’ – BBC News

Posted March 26th, 2009 in intelligence services, news, torture by sally

“Intelligence which could have been derived through torture presents the UK with a ‘very real dilemma’, the UK Foreign Office has said.”

Full story

BBC News, 26th March 2009

Source: www.bbc.co.uk

BAILII: Recent Decisions

Posted March 26th, 2009 in law reports by sally

High Court (Chancery Division)

JSD Corporation Pte Ltd v (1) Al Waha Capital PJSC & Anor [2009] EWHC 583 (Ch) (25 March 2009)

High Court (Queen’s Bench Division)

Barclays Bank Plc v Guardian News Media Ltd [2009] EWHC 591 (QB) (19 March 2009)

Source: www.bailii.org

House of Lords Judgments: What’s new?

Posted March 26th, 2009 in law reports by sally

Thorner (Appellant) v Majors and others (Respondents) [2009] UKHL 18 (25 March 2009)

Source: www.parliament.uk

Thorner v Major and others – WLR Daily

Posted March 26th, 2009 in estoppel, intestacy, law reports by sally

Thorner v Major and others [2009] UKHL 18; [2009] WLR (D) 111

Oblique assurances by a farmer of an intention to leave a farm to a cousin, who had worked full-time without any remuneration on the farm for 29 years, could constitute a sufficiently clear and unequivocal representation to establish a proprietary estoppel when the farmer ultimately died intestate.”

WLR Daily, 25th March 2009

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

R (Binyam Mohamed) v Secretary of State for Foreign and Commonwealth Affairs (No 5) – WLR Daily

Posted March 26th, 2009 in disclosure, judgments, judicial review, law reports, terrorism, torture by sally

R (Binyam Mohamed) v Secretary of State for Foreign and Commonwealth Affairs (No 5) [2009] EWHC 571 (Admin); [2009] WLR (D) 110

“Consistent with the interests of open justice and the rule of law, an annex to an earlier judgment of the court, integral to that judgment but previously withheld so as not to prejudice confidential plea bargain negotiations in the United States involving the claimant, should be made public in accordance with the undertaking of the court at the time of that judgment.”

WLR Daily, 25th March 2009

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

MH (Syria) v Secretary of State for the Home Department; DS (Afghanistan) v Same – WLR Daily

Posted March 26th, 2009 in asylum, law reports, proscribed organisations by sally

MH (Syria) v Secretary of State for the Home Department; DS (Afghanistan) v Same [2009] EWCA Civ 226; [2009] WLR (D) 109

“A careful approach was to be applied when one was considering an asylum application and the question whether an asylum-seeker was excluded from the provisions of the Refugee Convention by reason of art 1F(c) on the ground that he had been guilty of acts contrary to the purposes and principles of the United Nations.”

WLR Daily, 25th March 2009

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

R (Mendes and another) v Southwark London Borough Council – WLR Daily

Posted March 26th, 2009 in costs, judicial review, law reports, reasons by sally

R (Mendes and another) v Southwark London Borough Council; [2009] WLR (D) 108

“A judge needed to give reasons for preferring one side’s arguments over the other on an application for costs made by written submissions following the case being settled.”

WLR Daily, 25th March 2009

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Thorner v Major and Others – Times Law Reports

Posted March 26th, 2009 in estoppel, intestacy, law reports by sally

Thorner v Major and Others

House of Lords

“Oblique assurances could in the appropriate context constitute a sufficiently clear and unequivocal representation to establish a proprietary estoppel.”

The Times, 26th March 2009

Source: www.timesonline.co.uk

Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.

John Darwin: ‘Back-from-the-dead canoeist’ appeals his sentence – Daily Telegraph

Posted March 26th, 2009 in appeals, fraud, news, sentencing by sally

“John Darwin, the ‘back-from-the-dead canoeist’ who was jailed for carrying out a ‘sophisticated’ £250,000 fraud, is challenging his six-year prison sentence in the Court of Appeal on Thursday.”

Full story

Daily Telegraph, 26th March 2009

Source: www.telegraph.co.uk

The Acas view: our new code will have a positive impact – The Times

Posted March 26th, 2009 in dispute resolution, employment, news by sally

“New legislation is often welcomed with a whiff of trepidation, especially by businesses. Change – in particular legal change – usually prompts feelings of uncertainty and suspicion.”

Full story

The Times, 26th March 2009

Source: www.timesonline.co.uk

Dreamspace artist to be sentenced – BBC News

Posted March 26th, 2009 in artistic works, health & safety, news by sally

“The creator of an inflatable artwork which blew away in a County Durham park killing two women will be sentenced later for health and safety breaches.”

Full story

BBC News, 26th March 2009

Source: www.bbc.co.uk

Seventy is far too early for a supreme court judge to retire . . . – The Times

Posted March 26th, 2009 in judiciary, news, retirement, Supreme Court by sally

“The Lord Chancellor will soon be announcing who will fill the vacancies on the new supreme court, which begins work in October when the law lords move across Parliament Square to Middlesex Guildhall. There is a very strong case for increasing the retirement age for supreme court justices from 70 to 75. In 1916 the Earl of Halsbury heard a case on the Appellate Committee of the House of Lords at 92. The Judicial Pensions and Retirement Act 1993 now provides that judges must retire at 70. There is an exception for those first appointed to a judicial office before March 31, 1995. They can continue working until 75.”

Full story

The Times, 26th March 2009

Source: www.timesonline.co.uk

New law sought to assist families of missing people – The Guardian

Posted March 26th, 2009 in missing persons, news, presumption of death orders by sally

“… a private member’s bill being debated by MPs tomorrow would allow relatives to apply to the high court for a declaration that someone is missing and presumed dead before seven years has expired, making it easier to deal with issues like the dissolution of a marriage and the disposal of property and insurance claims.”

Full story

The Guardian, 25th March 2009

Source: www.guardian.co.uk